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[Cites 5, Cited by 0]

National Green Tribunal

V. Manickam vs The Secretary on 18 November, 2020

Author: K. Ramakrishnan

Bench: K. Ramakrishnan

Item No.02:


              BEFORE THE NATIONAL GREEN TRIBUNAL
                     SOUTHERN ZONE, CHENNAI


              Original Application No. 51 of 2015 (SZ)

                       (Through Video Conference)

IN THE MATTER OF


     V. Manickam
     S/o. Velappagoundar,
     3/16, Koothampalayam,
     Karumanur (P.O.)
     Mallasamudram (Via),
     Namakkal District.                               ...Applicant(s)
                                Versus
     The Secretary,
     Tamil Nadu Pollution Control Board,
     76, Mount Salai, Guindy,
     Chennai and Ors.                                 ...Respondent(s)


Date of hearing: 18.11.2020.


CORAM:

     HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER

     HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER


For Applicant(s):           None.

For Respondent(s):          Sri. C. Kasirajan through
                            M/s. Meena for R1 and R3.
                            M/s. Girija represented
                            Sri. Kamalesh Kannan for R2, R4 & R5.
                            Sri. Sathish for R6.



                                    1
                                     ORDER

1. As per order dated 09.09.2020, this Tribunal had considered the status report submitted by the Salem City Municipal Corporation regarding the progress of the Underground Sewage System (UGSS) and establishment of Sewage Treatment Plants (STPs), so as to avoid untreated sewage being discharged into the River Thirumanimutharu and thereafter passed the following order:

"5. It is seen from the status report submitted by the Salem Municipal Corporation that some portions of the Under Ground Sewerage System has been completed and in respect of the balance, fresh tenders have been issued and work has been allotted to the successful bidder. As regards the Sewage Treatment Plant (STPs) are concerned, except one Sewage Treatment Plant STP, all other STPs have been commissioned and as regards the 4th STP, is they have undertaken to the commissioning of the same by October 2020.
6. It is also alleged in the status report that as directed by the committee, they have now stopped discharge of untreated sewage into the river and the same has been diverted and no untreated sewage is being discharged into the Thirumanimutharu river at present.
7. It is also seen from the status report that though 3 Sewage Treatment Plant (STPs) have been established and started functioning, it is not being used to its optimum level as some more sewage connections will have to be connected to these STPs and that will be completed only if the work of the underground sewage system has been completed.
8. Salem Municipal Corporation is directed to expedite the work of underground sewage system and connecting the same to the STPs, so as to use the same to its optimum level, so that no untreated sewage can be let off either for reuse or in the river.
9. The Pollution Control Board has not filed any further action report, on the basis of the recommendations made by 2 the joint committee appointed by this Tribunal. When this was pointed out, the learned counsel appearing for the Pollution Control Board submitted that some action has been taken and they wanted some time for filing the report.
10. It is not known as to whether the inlet and outlet of the STPs that has been established by the Salem City Municipal Corporation is meeting the norms. That can be ascertained only if the inlet and outlet sewage water is being tested by the Pollution Control Board.
11. In order to ascertain as to whether any part of the untreated sewage is being discharged into Thirumanimutharu River further inspection has to be conducted by the Pollution Control Board and they are also expected to take the water sample from the river, test the water quality in the river, so as to ascertain as to whether there is any improvement in the water quality on account of the action taken by the Salem Municipal Corporation.
12. It is also not clear as to whether any action has been taken by the Tamil Nadu Pollution control Board on the basis of the recommendations made by the joint committee against the industries which were not confirming to the standard provided and also for not complying with the condition imposed in carrying out their activities.
13. So, under such circumstances, we feel it appropriate to grant one more opportunity to the Pollution Control Board to carry out the above work and submit an action taken report along with the water quality analysis report of the inlet and outlet of the STPs established by the Salem Municipal Corporation and also the water quality of the Thirumanimutharu River.
14. The Salem Municipal Corporation is also directed to submit the further status of the progress of the work of commissioning of the remaining STP and also the completion of underground sewage system that is being undertaken and is in progress."

2. The case was then posted to today for consideration of further report to be filed by the local body as well as the Tamil Nadu State 3 Pollution Control Board.

3. When the matter came up for hearing through Video Conference, there was no representation for the applicant. Sri. C. Kasirajan through M/s. Meena represented respondents 1 & 3, M/s. Girija represented Sri. Kamalesh Kannan, counsel for respondents 2, 4 & 5 and Sri. Sathish represented 6th respondent.

4. The Salem City Municipal Corporation filed their status report which reads as follows:

"STATUS REPORT FILED BY THE COMMISSIONER OF SALEM CITY MUNICIPAL CORPORATION I, R. Sadheesh, S/o. Rengaraju, Hindu, aged about 43 years, having office at Salem City Municipal Corporation, Salem do hereby solemnly affirm and state as follows:
1. I am the Commissioner, Salem City Municipal Corporation herein and I am the 6th Respondent herein in the above original Application and I am well acquainted with the facts of the case as per records.
2. I respectfully submit that this Original Application was filed by the Applicant in the following prayer:
i) to direct the Second, Fourth and Fifth respondents to stop the inflow of contaminated water from the main channel of Thirumanimutharu river that are fed into the two tanks of Kollapatti and Mallasamudram Village of Thiruchengode Taluk, Namakkal District, by closing the feeder channel one and for all.
ii) To pump fresh water from Mettur dam by replacing the stagnated toxic water from the tanks of Kollapatti and Mallasamudram.
iii) To conduct environmental study by the first and second respondents and stop discharging polluted waste water into the river Thirumanimutharu in its flow of water through its channel from Yercaud Servarayan Hills to its end of Paramathi Velur - Cauvery Basin.

3. It is respectfully submitted that this Hon'ble Tribunal 4 was passed an order dated 10.04.2019 in Original Application No.51 of 2015 (SZ) among other things inter alia as follows:-

"8. Considering the fact that Salem Municipal Corporation has come with an action plan with the timelines, we feel it appropriate to review the progress of the action taken to remedy the matter and directing them to submit periodical report by every three months. Pollution Control Board is also directed to inspect the area in question and find out whether the river stretches mentioned therein meets the standards prescribed in the meantime and submit a report to that effect."
"10. On the basis of the recommendation of the joint Committee, it is for the Pollution Control Board to consider the further action to be taken against the violators and recover compensation if any required from them, after assessing the quantum of compensation payable by them. Pollution Control Board as well as the Joint Committee appointed by this Tribunal shall submit a detailed report as directed above regarding the factual and action taken within the three months from today by e-mail. The Salem Municipal Corporation is directed to submit the progress of the implementation of the action plan in this regard every three months by e-mail."

As per this Hon'ble Tribunal Order, periodically in between every three months the Salem Corporation filling the Status Report in this regard. As follows continuation of the order passed by this Hon'ble Tribunal Order's dated 02.07.2020 I am filling this implementation progress details and project improvement report.

4. The above Original Application was filed alleging that there was pollution in Thirumanimutharu River by virtue of sewage water being released into the river. The Government of Tamil Nadu had sanctioned at the request of the Salem Corporation funds for implementation of Underground Sewerage Scheme.

5. Salem Municipality is established in the 1866 is the oldest municipality, was up graded as Salem City Municipal Corporation in 1994. While it is specifically admitted that the natural resources and water bodies ought not to be polluted and preserved for future generations, steps are being taken for Underground Sewerage Scheme.

5

6. The Administrative Sanction, was accorded vide G.O. (Ms).No.60 (D) Municipal Administration and Water Supply Department Dated 23.02.2006 to implement the Under Ground Sewerage Scheme at an allotment cost of Rs.149.39 crores. Out of 7 packages of work 3 comprise of the collection systems and 4 are the Sewage Treatment Plants (STP). The 3 packages of collection system have been designed for 421.67 km of laying Sewer line, with House Service Connection and 15,287 of man holes.

7. I submit that in this regard the tenders were called on following dates such as 22.11.2007, 28.12.2007, 09.07.2008, 11.12.2008 for 4 times regarding the 3 packages of Collection systems, because of non - fulfillment of tender conditions and above percentage than the estimate cost.

8. In the 5th call on 20.08.2009, the collection system packages I & III were allotted to the contractor firm M/s. PSVCPL-BBIPL (JV) Hyderabad and work order was issued on 18.03.2010. The agreement period for completing the above said I & III packages was 30 and 36 months respectively.

9. Under package - I , out of 86.17 K.M. laying of sewer line, 3,317 of Manholes and 103.75 K.M. of house service connections , only 22.81 K.M. of sewer line , 1152 Nos of Manholes and 26.68 k.m. of house service connections has been completed, which is 28% only.

10. Under package -III, out of 184.85 k.m. laying of sewer line, 6,979 of Manholes and 221.90 km of house service connections , only 48.25 k.m. of sewer line, 2,382 Nos of Manholes and 25.69 k.m. of house service connections has been completed, which is 25% only.

11. Since the above said the firm had not achieved the milestones, the contract was terminated on 15.07.2013.

12. It is respectfully submitted that Tender was called on 13.02.2014 for the remaining pending works in the packages I & III of collection system. The work has been allotted to the L1 Contractor M/s. Subaya Constructions Company Ltd., and the work order has been issued on 06.03.2015. The work had been completed. The concerned STP at Vellakuttai of Zone - I & IV under package -I, has been completed and commissioned.

6

13. In the 7th call on 24.06.2010, the collection system package- II was allotted to the contractor firm M/s. RAUS Construction (P) Ltd. Hyderabad and work order has been issued on 02.12.2010. The agreement period for completing the work was 36 months.

14. Under package - II , out of 150.65 km. of laying of sewer line, 4,991 of Manholes and 179.68 k.m. of house service connections, only 72.78 km of sewer line, 4,537 Nos of Manholes and 97.33 km. of house service connections has been completed, which is 48%.

15. Since the above side the firm had not achieved the milestones, their contract was terminated on 31.12.2016.

16. M/s. TWIC, (Tamilnadu Water Investment Company (TWIC) Limited) Chennai, has been appointed as Consultant to prepare Detailed Project Report, for the Under Ground Sewerage Scheme regarding the balance works of package-II and the uncovered areas. Because of delay in submitting the Detailed Project Report, the Corporation had prepared the Detailed Project Report. Based on that the length of sewer line of collection system regarding STP at Vandipettai is 150.65 Km, in which a length of 72.78 Km has been completed by the selective contractor firm. For the remaining balance length of 77.87 Km is covered in the proposed UGSS (Under Ground Sewerage Scheme) work under Smart City Mission at an estimate cost of Rs.85.39 crores. It is respectfully submitted that Tender was called on 28.11.2019 for the remaining pending works in the package II of collection system. The work has been allotted to the L1 Contractor M/s. VVV Constructions, Pvt., Ltd., Chennai and the work order has been issued on 18.02.2020. The work is in progress. For the omitted areas within the Corporation limit, the concern, Infra En (India) Pvt. Ltd., Bangalore has been appointed for preparing the Detailed Project Report and the Detailed Project Report had been prepared for an estimate cost Rs.16.50Cr, which had been read in the Lr.ROC.No.2304/2005/SS1, dated 13.07.2020 submitted to the office of CMA, Chennai.

17. I respectfully submit that In Salem Corporation, 135 liters per capita demand (LPCD) is being supplied for the population of 8, 84,746. In which approximately, 80% of the 7 water supply is being met out as sewerage which is about 95 MLD. The treatment capacities of 4 STPs is 98 MLD, which is much higher than the produced sewage. Since the Ultimate treatment capacity of 4 STPs is 98 MLD, on completion of Packages II & III, the possibility of letting out sewage water into the Thirumanimutharu River will be lesser and nullified in the nearby future.

18. As per this Hon'ble Tribunal Order dated 10.04.2019 in Original Application No.51 of 2015 (SZ), the Central Pollution Control Board officials and Tamil Nadu Pollution Control Board officials and other government officials had jointly inspected on 21.05.2019 after the joint inspection, they instructed to divert the nearby drain for treatment in the STP at Mankuttai, Vellakuttai & Anaimadu and to let out the treated water in the Thirumanimutharu River. In this regard the work tender had been called on 27.06.2019, because of no response, retender had been called and the tender finalized on 17.07.2019. The above work has taken up and work order issued on 13.08.2019. Highways Department has under taken fly over Bridge in the main part of UGSS pipe line laying site. Hence, the UGSS work has been interrupted and thus the delay occurred. After several discussions and meetings, the Highways department accepted to redesign the sewer line as pumping main in shallow depths, which does not affect the foundation of flyover bridges. Tender had been called, on for preparing the Detailed Project Report for the Under Ground Sewerage Scheme in areas under packages I & III the Salem Corporation and the work order had been issued to the consultant agency, Infra En (India) Pvt., Ltd., Bangalore on 15.06.2020 to prepare Detailed Project Report.

For this, the Detailed Project Report had been prepared for an estimate cost of Rs.14.86 cr., for executing the remaining redesigned Highways roads which falls under ABD area. For the prepared Detailed Project Report, Administrative Sanction & Technical Sanction had been obtained on 09.09.2020, and the tender had been called on14.10.2020. Now Vellakkutai STP, Anaimedu STP and Mankuttai STP Vandipettai STP treatment arrangement works completed.

19. It is respectfully submitted that the Joint Inspection 8 Committee appointed by this Hon'ble Tribunal and submitted their Report before this Hon'ble Tribunal on 08.04.2019 and they had submitted a detailed findings and observations. On the basis of recommendation of the Joint Committee's findings and observations the following implementation steps are taken by the Salem Corporation as follows:

i) It is further submitted that over 195 public toilets have been constructed by the Salem Corporation. Out of the 41 community toilets proposed to be constructed by the Petitioner, Corporation nearly 35 community toilets have been constructed and put into use from the years 2015 -2019.
ii) It is further respectfully submitted that the functioning of bleaching and dyeing industries in Salem being regulated and monitored by the Divisional Environmental Engineer, TNPCB, Salem under Environment Protection Act, 1986. In pursuance of the same, it is submitted that the TNPCB tested the treated and untreated effluents on 22.11.2018, 28.02.2019, 20.03.2019 and 11.04.2019 it can be observed that the treated effluents are well within the permissible limits as prescribed by the Tamil Nadu Pollution Control Board:
1) ROA No. 421/AEL-SLM/208-19 dated 22.11.2018,
2) ROA No. 620 /AEL-SLM/208-19 dated 28.02.2019,
3) ROA No. 634 /AEL-SLM/208-19 dated 20.03.2019,
4) ROA No.694/AEL-SLM/208-19 dated 11.04.2019 of the Advanced Environmental Laboratory Tamil Nadu Pollution Control Board, Salem. In order to exercise further caution, a house laboratory is operating in full swing for testing BOD, CODs other parameters for quality control of the Sewage Treatment Plants.
iii) It is submitted that, the Sewage Treatment Plants at Vellakuttai is functioning and out of 10,740 Nos. of House Service Connections so for 4,677 nos. of House service connections had been given and remaining connections are under progress. A quantity of 1.8 MLD Untreated sewage water from 6,063 Nos. of Households are letting through open drain is to be treated as suggested by Pollution Control Board Monitoring Committee. The sewage samples tested on 9

20.01.2020, 20.02.2020 and 14.03.2020 meet the standard norms of TNPCB for all parameters.

iv) It is respectfully submitted that, the Sewage Treatment Plants at Anaimedu is functioning and out of 6,552 Nos. of House Service Connections so for 2,800 nos. of House service connections had been given and remaining connections are under progress. Quantity of 1.7 MLD Untreated sewage water from 3,752 Nos. of Households are letting through open drain is to be treated as suggested by Pollution Control Board Monitoring Committee. The sewage samples tested on 26.12.2019 & 20.01.2020 meet the standard norms of TNPCB for all parameters.

v) It is respectfully submitted that, the Sewage Treatment Plants at Mankuttai is functioning and out of 36,983 Nos. of House Service Connections so for 784 nos. of House service connections had been given and remaining connections are under progress.

vi) The length of sewer line of collection system regarding STP at Vandipettai is 150.65 Km, in which a length of 72.78 Km has been completed by the respective contractor firm. For the remaining balance length of 77.87 Km proposed UGSS work under Smart City Mission at an estimate cost of Rs.85.39 crores. It is respectfully submitted that Tender was called on 28.11.2019 for the remaining pending works in the package-II of collection system. The work has been allotted to the L1 Contractor M/s. VVV Constructions, Pvt., Chennai and the work order has been issued on 18.02.2020. The work is in progress. In zone-4, Kondalampatty, partly Ammapet and Hasthampati area, the STP at Vandipettai is under trial run. The sewage collected through the sewer line laid at Vandipettai area is being checked for TamilNadu Pollution Control Board norms. In the near future, a quantity of 1 MLD of sewage is about to be treated in the STP. Formerly, the respective collection system package had been terminated because of intermittent execution by the old contractor and this collection system work is now under progress and will be completed by October-2022.

vii) It is further submitted that in furtherance of our goal to prevent the discharge of untreated sewage into the 10 Thirumanimutharu River over 8,175 households have converted their insanitary toilets into sanitary toilets.

viii) It is further submitted that the Salem Corporation, under Smart City Development Scheme has proposed to provide fencing on both sides of the River Thirumanimutharu for a length of 1.720 km in the mostly congested and probable area of garbage disposal (Market area from Anaimeadu to Apsara theatre), thus avoiding mixing of garbage and other pollutants in the River Thirumanimutharu at a cost of Rs.10.01 Crores. A length of 1.491 Km has been completed and further work is under progress.

PRESENT STATUS DETAILS Now Sewage Treatment Plants at Vellakuttai, Anaimedu, Mankuttai and Vandipettai treatment arrangement works were completed.

It was further submitted that the following 4 Sewage Treatment Plants were taken for construction and 3 STP works completed and commissioned and Vandipettai STP in under trial run, using Generator. The EB supply will be obtained at the earliest.

           Name of the        Cap
S. No                                  Status            Remarks
             S.T.P.          acity

                                                Commissioned       and
                                                under operation. Out
                                                of 10,740 Nos 4,677
                                                Nos of House Service
                                                Connections has been
                                                given and Balance
                                                6,063      Nos       of
                                                connections are under
                                                progress. The sewage
                                        CTO     samples tested on
                              13
            Vellakuttai                obtain
   1.                        MLD                20.01.2020,
              STP                        ed     20.02.2020         and
                                                14.03.2020 meet the
                                                standard norms of
                                                TNPCB       for     all
                                                parameters.        The
                                                samples taken from
                                                the treated sewage is
                                                being checked daily in
                                                the         laboratory
                                                established in the STP


                            11
                                    at Vellakkutai for the
                                   parameters COD &
                                   BOD        and       the
                                   TamilNadu      Pollution
                                   Control Board norms,
                                   is being met out and
                                   had been attached for
                                   reference.
                                   Commissioned        and
                                   under operation. Out
                                   of 6,552 Nos 2.800
                                   Nos of House Service
                                   Connections has been
                                   given and balance
                                   3,752       Nos        of
                                   connections are under
                                   progress. The sewage
                                   samples tested on
                                   26.12.2019             &
                                   20.01.2020 meet the
                           CTE     standard norms of
      Anaimedu     6               TNPCB        for      all
                          obtain
2.                MLD
       STP                  ed     parameters.         The
                                   samples taken from
                                   the treated sewage is
                                   being checked daily in
                                   the          laboratory
                                   established in the STP
                                   at Animedu for the
                                   parameters COD &
                                   BOD        and       the
                                   TamilNadu      Pollution
                                   Control Board norms,
                                   is being met out and
                                   had been attached for
                                   reference.
                                   Commissioned        and
                                   under operation. Out
                                   of 29,947 Nos 784 Nos
                                   of    House      Service
                   35      CTO
      Mankuttai                    Connections has been
3.                MLD     obtain
       STP                         given and Balance
                            ed
                                   29,163      Nos        of
                                   connections are under
                                   progress.

                                   Trial    run     under
                           CTE     progress,    with the
     Vandipettai 44 MLD
4.                        obtain   help of Generator (DG
       STP
                            ed     set) and EB supply
                                   will be obtained at the


                  12
                                          earliest, which is in
                                         process.




      a)    In the Corporation limit, sewage is being collected

through the sewer line laid as on date under UGSS. In zone-1, Suramangalam area, the quantity of sewage entering the STP at Mankuttai is 1.5 MLD, and for the parameters such as BOD & COD, the norms of TamilNadu Pollution Control Board is being adhered and treated sewage of quantity 1.5 MLD is being let into Thirumanimutharu River.

b) In zone-2, Hasthampatty area, quantity of sewage entering the STP at Anaimedu is 4 MLD, and the parameters such as BOD & COD is meeting the standard norms of TamilNadu Pollution Control Board and the treated sewage of quantity 1.5 MLD is being let into Thirumanimutharu River.

c) In zone-3, Ammapet area, quantity of sewage entering the STP at Vellakuttai is 7 MLD, and the parameters such as BOD & COD is meeting the standard norms of TamilNadu Pollution Control Board and the treated sewage of quantity 7 MLD is being let into Thirumanimutharu River.

d) In zone-4, Kondalampatty, partly Ammapet and Hasthampati area, the STP at Vandipettai is under trial run, using Generator. The EB supply will be obtained at the earliest. The sewage collected through the sewer line laid had at Vandipettai area is being checked for TamilNadu Pollution Control Board norms. In the near future, a quantity of 1 MLD of sewage is about to be treated in the STP. Formerly, the respective collection system package had been terminated because of intermittent execution by the old contractor and this collection system work is now under progress and will be completed by October - 2022.

e) From the 4 Nos of STPs, of total capacity 98 MLD, a quantity of 13.5 MLD is being treated as on date Out of 84222 nos of HSCs, 8,261 nos had been provided and from which 13.5 MLD is being treated in the STPs. In due course the remaining all HSCs will be provided. The samples taken from the treated sewage is being checked daily in the laboratory established in the STP at Vellakkutai and Animedu for the 13 parameters COD & BOD and the TamilNadu Pollution Control Board norms, is being met out and had been attached for reference.

g) Since the no. of HSC are being increased day by day, and thus the quantity of treated sewage will be increased and thus, only treated sewage will be let out in the Thirumanimutharu River and no sewage will be left untreated.

20. As submitted earlier, the alternative temporary solution which is being implemented to ensure the protection of Thirumanimutharu River from pollution is also catering the needs and thus this Corporation has ensured that the sewage is not drained into the River.

21. It is seen, the above alternative action as well as permanent action taken by the Salem Corporation is to prevent the pollution.

Under the above circumstances, it is humbly prayed that this Hon'ble Tribunal this Status Report may be taken on file and such suitable orders may be passed and thereby render justice."

5. The Tamil Nadu Pollution Control Board (TNPCB) also filed a report which reads as follows:

"Report of the Hon'ble NGT order in the Original Application No. 51/2015 filed by Thiru.V.Manickam regarding the River Thirumanimutharu and lands surrounded in the Mallasamudhram Eri and Kollapatti Eri pollution due to discharge of untreated sewage from the Salem Corporation area and effluent from Textile Dyeing units located in Salem District as per the direction of Hon'ble National Green Tribunal order dated 09/09/2020.
1. Back Ground The Hon'ble NGT in it's interim judgment dated 04/02/2018 directed to carry out joint inspection comprising of representative from CPCB and TNPCB. Subsequently, the joint committee was formed and then inspected the River stretch, Sewage Treatment Plants located in Salem Corporation, Textile Processing units and Sago Industries. Further, the reports were submitted to the Hon'ble NGT. The presence of Fecal 14 Coliform implies that the discharge of sewage from corporation and nearby localities. Moreover presence of industrial discharge is also indicated by the values of Chlorides, TDS.The committee in their report has also informed that the illegal textile bleaching and dyeing unit shall also be held accountable. Hence, the Hon'ble NGT in it's order dated 10/04/2019 has directed the joint committee to calculate the quantum of environmental compensation and same shall be recovered from them. Further, the environmental compensation has been calculated for the consented units.
Status of Industries:
Subsequently, the unit of M/s. E.V Dyeing Works has challenged the demand notice issued for the remittance of environmental compensation by filing a W.P.No 29850 of 2019 before the Honble High Court of Madras and the court in its order dated 23.10.2019 disposed the writ petition giving the liberty for getting impleaded in the original application or take appropriate steps to challenge the same before this tribunal. Thus the unit has filed an appeal challenging the demand notice issued by the Board in its original application No 48 of 2019.
The Hon'ble NGT in order dated 18.12.2019 directing the Board to give opportunity to applicant to submit their explanation in accordance with law and also issue fresh notice if there is deficiency in the previous notice issued to the unit. Further the Tribunal has directed the applicant to appear before the Board on 08th January 2020 at 10.30 AM and submit their explanation to present the tentative show cause notice issued, as treated by this tribunal.
In order to comply with the Hon'ble NGT order dated 18.12.2019 a personal hearing was conducted with unit authorities at the office of District Environmental Engineer, 1/276, Meyyanur Main Road, TNPCB, Salem on 08.01.2020.

During the personal hearing, the unit authorities' grievances were heard and the details were elaborated to the unit authority about the assessment of Environmental Compensation.

Further, M/s. Salem Dyeing Factory Owner's Association has impleaded in the Original Application No. 15 51/2015. The Honble NGT in its order dated 18.12.2020 in the OA No 51/2015 dt: 18/12/2019 directing the Tamil Nadu Pollution Control Board feels that the details provided in the impugned notice are insufficient or it will not give necessary details for the unit to respond, then TamilNadu Pollution Control Board is at liberty to withdraw this notice and issue fresh notice, giving the reason in detail for the quantum compensation being imposed, showing the nature of default and method of calculation, so as to enable the unit to submit their explanation effectively.

In view of the above, a personal hearing was conducted with the authority/ representative of the individual units of 70 members of the M/s. Salem Dyeing Factory Owner's Association at the office of District Environmental Engineer, 1/276, Meyyanur Main Road, TNPCB, Salem. During the personal hearing, the unit authorities' grievances were heard and the details were elaborated to the unit authority about the assessment of Environmental Compensation.

The Hon'ble NGT in it's order dated 09/09/2020 mentioned in para 12 & 13 as follows.

"12. It is also not clear as to whether any action has been taken by the Tamil Nadu Pollution Control Board on the basis of the recommendations made by the joint committee against the industries which were not confirming to the standard provided and also for not complying with the condition imposed in carrying out their activities."

13. So, under such circumstances, we feel it appropriate to grant one more opportunity to the Pollution Control Board to carry out the above work and submit an action taken report along with the water quality analysis report of the inlet and outlet of the STPs established by the Salem Municipal Corporation and also the water quality of the Thirumanimutharu River."

Hence, the action taken report is submitted below.

Action Taken Report The details of compensation raised, remittance and the balance to be collected from the industries are tabulated below:

16
Sl. No No of Environmental Remaining Environmental Balance to Details of units Compensation units Not Compensation be remitted No units remitted remitted remitted 6 M/S.Shri Murugan Export 200000 0 200000 99-A, Kalarampatty Main 1 Total Textile Rs. Rs. Rs.
77 46 31

Dyeing 5,35,64,000 87,43,000 4,48,21,000 units 2 Total Rs. Rs.

Sago 10 10 0 0
        Industries              5,80,000                     5,80,000

        Total                      Rs.                          Rs.                              Rs.
                       87                         54                                33
                               5,41,44,000                  93,23,000                     4,48,21,000




Environmental Compensation has been imposed by the joint committee detailed below.


           Sl.No     Name & address of the unit             Demand          Collection    Balance

                                                               Rs              Rs.          Rs.

           1.        M/S.R.K. Dyeing
                     3-25-E-2, Erumapalayam Main
                                                             48000           48000           0
                     Road Kalarampatty, Salem Tk,
                     Salem - 636015

           2.        M/S.Shah Chunilal Kundanmal
                     Yarn Pvt Ltd 6/442 North Krishna
                                                            5716000             0         5716000
                     Street,        Koyathoppu
                     Ammapet, Salem-636003

           3.        M/S.M.R.P. Dyeing
                     Kandasamy Nagar, Ammapet                512000         512000           0
                     South Salem - 636 003

           4.        M/S.Swamy Process
                     72 Thadavannager Ponnamapet,
                     Ammapet                                  5000            5000           0

                     Salem - 636 001.

           5.        M/s. Amman Dyeing,

                     57/R2, Kalarampatty Main Road,
                                                             500000             0         500000
                     Erumapalayam,

                     Salem - 636015.



                                                   17
      M/S.E.V.Dyeing Works
     154/4, Motor Kadu
     Erumapalayam Post ,
7                                  2812000     0      2812000
     Salem-636015


     M/S.Sri Ragavendra Tex
     48-1, Nethaji Street,
8    Kalarampatty                   44000    44000       0
     Erumapalayam Post Salem -
     636 015

     M/S.Raj Dyeing
     5 - 86 A4, Kalarampatty
9    Main Road Devi Theatre Back   524000      0      524000
     Side Salem-636015

     M/S.Deepam Dyeing

     5, Kuterai,
10                                 1960000     0      1960000
      Poly Karadu Erumapalayam
     Post , Salem-636015

     M/S.Sri Saraswathi Dyeing
     Works
     313 - C, Anna Nagar
11                                 116000      0      116000
     Ponnamapet

     Salem - 636 001

     M/S.Mohan Dyeing Works
     313 - C, Anna Nagar
12   Ponnamapet                    120000    120000      0

     Salem - 636 001

     M/S.Sree Mookambigai
     Dyers
     6-455, Koyyathoppu,
13                                 736000    736000      0
     Krishnan Pudur,Ammapet Po,

     Salem - 636 003.

     M/S.Sri Karpaga Vinayakar
     Dyeing
     186-1, Krishnan Pudur,
14   Koyyathoppu Ammapet           1448000     0      1448000
     Salem - 636 003


     M/S.Eswaran Bleaching
15   2-67narashima Chetty Road      5000     5000        0
     Shevapet Salem-636002


                                     18
      M/S.Arthanari Exports
     4/728, Jai Nagar
16                                  864000      0      864000
     Kalarampatti        Salem -
     636 015

     M/S.Amman Bleachers
     Kamatchi Ammal Thottam,
17   10-B, Arunagiri Street,        848000      0      848000
     Ammapet, Salem-636 003.

     M/S.A.P.Thangavelu
     Bleaching
     R.S.No.347/2a, Ammapet
18   Village Salem Taluk            1272000     0      1272000
     Salem - 636 003



     M/S.E.A.R. Ranganather
     Bleachers Ramanathapuram
     Ammapet Salem Taluk,
19   Salem District - 636 003       1292000     0      1292000




     M/S.M. Palaniappan
     Bleachers
     Ammapet,
20   Vramanathapuram Salem          1272000     0      1272000
     Taluk

     Salem District - 636 003

     M/S.K.C.Bleaching
     8/6, Kandasamy Nagar,
22                                  1272000     0      1272000
     Ramanathapuam Ammapet
     Salem - 636 003

     M/S.Friends Dyeing
     Sf No 108/3/3,7
23                                  516000    516000      0
     Kandampatty Village Salem
     Dt

     M/S.Sri Bhadri Narayana
     Textiles Dyeing 16,Pension
24   Line North Street               5000     5000        0
     Shevathaal Nagar, Gugai,
     Salem

     M/S.Anjeneyaa Bleacher
     Krishnan
25   Puthur, Koyathoppu,            197000      0      197000
     Ammapet,       Salem Taluk ,
     Salem District

     M/S.Sri Jee Yarns
26   5/551-A Valluvar Nagar          92000    92000       0
     Annathanapatty,


                                      19
      Dhadagapatty Salem South
     Tk,

     Salem -636002

     M/S.Sri Ganesh Exporters
     2 - 500, Velupillaikadu
27                                  460000      0      460000
     Seelanaikkanpatty, Salem
     South Tk, Salem - 636 006

     M/S.Malarvizhi Dyeing No
     211, Maniyakarar Street
28                                  484000      0      484000
     Attayampatty, Salem South
     Tk, Salem District

     M/S.Gowrisankar Dyers
     25/10 - A, Karungalpatti
     Itteri Road, Thirugnanam
29   Nagar, Dadagapatty             600000      0      600000

     Salem - 636 006

     M/S.Dhandapani Spinning
     Mills Limited 3/275
30   Ramaiyan Nagar                 920000      0      920000
     Seelanaickanpatty Salem -
     636 010

     M/s.Nataraja Saya Salai
     10-D, Karungalpatty Itteri
31   Road Dadagapatty Post           64000      0       64000

     Salem - 636 006

     M/S.O.S. Ramalingam And
     Co Dyeing Factory No 3
32   Sidda Chetty Streeet Gugai      56000    56000       0

     Salem - 636 006

     M/S.Kala Dyeing Factory
     Thathagapatty, Salem
     South Taluk Salem - District
33                                  1672000     0      1672000




     M/S.Tara Dyers
     Palakarar Kadu Amani
     Kondalampatty
34                                  480000    480000      0
     Salem - 636 010



     M/S.Mala Export Fabrics

35   109 - 35, 4th Cross             48000    48000       0
     Karungalpatty Main Road,
     Gugai Salem - 636 006.



                                      20
      M/S.Vinayaga Dyeing
     Jarikondalampatty
36                                   108000    108000      0
     Kondalampatty Bye Pass
     Salem-636010

     M/S.Guru Ragavendara
     Textiles
37   11/12 A And B                   260000    260000      0
     Thathagapatti,     Salem
     South Salem-636010

     M/S.Supreme Tex Processors
     17-1, Arumugapillai Thottam
38                                   648000      0      648000
     Andipatti Village Salem - 636
     006

     M/S.Navamani Dyeing
     Factory

39   3-275, Ramaiyan Nagar           1048000     0      1048000
     Seelanaickanpatti

     Salem - 636 001

     M/S.Shri Krishna Dyeing
     Works

40   C - 52, Pananthai Kadu          900000    900000      0
     Seelanaickanpatty

     Salem - 636 201

     M/S.Sri Rajaganapathy
     Dyeing
     Vattakinaru Thottam, Puthur
41   Main Road                       460000    460000      0
     Jarikondalampatty

     Salem - 636 010

     M/S.S.S. Dyers
     Vattakinaru Thottam, Puthur
     Main Road
42   Jarikondalampatty Salem -       460000    460000      0
     636 010


     M/S.Sastha Dyeing
     Vattakinaru Thottam, Puthur
     Main Road
43   Jarikondalampatty               460000    460000      0

     Salem - 636 010




                                       21
      M/S.Sri Ram Dyeing
     Vattakinaru Thottam, Puthur
     Main Road
44   Jarikondalampatty              460000    460000      0

     Salem - 636 010

     M/S.Sri Prasanna Colours

45   14, Ramakrishna Road           204000    204000      0

     Gugai Salem - 636 006

     M/S.Sri Balaji Textiles
     Processing Unit
46                                   56000    56000       0
     71 - B, Ramakrishna Road
     Gugai Salem - 636 006

     M/S.Bhuvana Dyers
     140, Line Road Gugai
47                                   44000    44000       0
     Salem - 636 006

     M/S.Sri Veni Dyeing
     139, Line Road Gugai
48                                   68000    68000       0
     Salem - 636 006

     M/S.N.S.Dyeing
     Jarikondalampatty Salem
49   Salem-636010                   1592000     0      1592000




     M/S.Senthil Dyeing
     24 - C, Panchanthangi Eari
50   North Street                    52000    52000       0

     Gugai Salem - 636 006

     M/S.Poorani Saya Salai
     46/10 - B, Karungalpatty
51   Itteri Road Dadagapatty Gate    64000      0       64000

     Salem - 636 006

     M/S.Ganesha Dyeing
     5, Ramakrishna Road Gugai
52   Salem-636006                   600000      0      600000




     M/S.P.A. Kuppusamy
     Mudaliyar And Company,
53   8, Kuppusamy Street,           404000    404000      0
     Velanatham Attayampatty



                                      22
      Salem - 637 501




     M/S.Ravikumar Fabrics
     1-470, Kamaraj Nagar S.
54                                  516000      0      516000
     Papparapatti, Attyampatti
     Salem - 637 501

     M/S.Lakshmi Dyeings
     1and 1B South Bund Street,
55   Karungalpatty                  920000      0      920000
     Panchanthangi Eari, Gugai
     Salem-636006

     M/S.Venkatesa Dyers
     6 B, Thirugnanam Kadu
56   Dadagapatty                     64000    64000       0

     Salem - 636 006

     M/S.Venkatesa Dyeing
     Centre              6 - A,
57   Thirugnanam Kadu                64000    64000       0
     Dadagapatty, Salem - 636
     006

     M/S.Lakshmi Dyeing 12/388
     A, Bommanna Chetty Kadu
58   Kamaraj Nagar,                 444000      0      444000
     Dadagapatty Salem - 636
     006

     M/S.Salem Dyeing Centre
     22, Earikkarai Street No. 3
59                                   44000    44000       0
     Gugai, Salem - 636 006

     M/S.Leader Process
     13/D, Ammani
60                                  1520000     0      1520000
     Kondalampatty Salem-
     636010

     M/S.Lalitha Colours
     3 A, 4th Krishnammal Nagar
61                                  264000      0      264000
     Karungalpatty, Gugai Salem -
     636 006

     M/S.Bharathi Dyeing
     96/5 Salem Town Salem
     Salem - 636 006
62                                  208000    208000      0




63   M/S.Shanmugam Colours          988000      0      988000
     44-4a, Elango Street,



                                      23
      Ramayan Kadu
     Seelanaickanpatti Salem -
     636 201

     M/S.A.T.K. Colouring Centre
     16-C, New Balagandhi Street
     No-3, Gugai Salem-636006
64                                 1240000      0      1240000




     M/S.Annamalai Saya Salai
     38/2,10-B, Karungalpatty
     Itteri Road Dadagapatty
65   Salem-636006                  528000       0      528000




     M/S.Dhanalakshmi Fabrics
     120 C, Kannagi Street
66                                  72000     72000       0
     Annadanapatti Main Road
     Salem 636 002

     M/S.Haimavathi Process 23-
     6 P Annadanapatti
     K.P.Kardu Nethimedu Salem-
67                                  32000     32000       0
     636 002



     M/S.Swamy Process 3/329,
68   Nethimedu Annathanapatti      520000    520000       0
     Village Salem-636 002

     M/S.Rama Goundar
     Bleaching No. 19-1, Rama
69   Gounder Thottam               1032000   1032000      0
     Annadhanapatty Post Salem
     - 636 002

     M/S.Sri Gayathri Bleaching
     And Washing Sf.No.103/3
70                                  44000     44000       0
     B.Ramasamy Compund
     Annadhanapatty Salem

     M/S.Vikram Processors Sf No
     3,4b1,4b3,3/5a,5c Door No
     11/440 P.Nattamangalam
     Post ,Kondalampatty Salem-
71   636010                        2360000      0      2360000




     M/S.Allwin Process 200,
72   Sandaipettai Main Road         60000     60000       0
     Shevapet Salem - 636 002



                                     24
      M/S.Sri Velavan Sago
     Industries
73   413/92 E.F Narashiamman         45000    45000     0
     Road , Shevapet
     Salem-636002

     M/S.Sri Jayakumar Sago
     Manufacturers
74                                   92500    92500     0
     21-2 Suriyankadu
     Nethimedu Salem District

     M/S.Nallakumar Sago
     Factory
75   4-494, Kanthappa Colony         82500    82500     0
     Annadhanapatty Village
     Salem - 636 002

     M/S.Mahalakshmi Sago
     Factory
76   39, Trichy Branch               42500    42500     0
     Road,Anndanapatty, Salem
     Townsalem District

     M/S.Sakthi Starch Factory
     4 /494, Kandhappa Colony
77   Annadhanapatti Post             37500    37500     0
     Salem - 636 002

     M/S.Sivamurugan Sago
     Factory
78   117-3 Kandampatty Road          72500    72500     0
     Kandampatti Post
     Salem-636 005

     M/S.Dhandayuthapani Sago
     Traders
     3-250, Siddhar Koil Road
79                                   72500    72500     0
     Kandhampatty
     Salem Taluk, Salem District -
     636 005

     M/S.Raja Sago Factory
     71-D Sandaipet Mainroad
80   Shevapet                        30000    30000     0
     Salem-636 002

     M/s.Parthiba Traders,
     113, Pension Line Road,
81                                   45000    45000     0
     Gugai,
     Salem-636 006

     M/s.Vijaya Sago Factory,
     Vaniyampadi Village, Salem
82                                   60000    60000     0
     Taluk, Salem District - 636
     203

83   M/s. VRS Dyeing,
                                     792000     0     792000
     S.F.No.142/4A4, vennandur


                                      25
      Village, Rasipuram Taluk,

     Namakkal District.

84   M/s.Mani Bleaching Factory,

     Kothan Kadu,
                                        2064000            0                 2064000
     Vennandur Village,
     Rasipuram Talk, Namakkal
     District.

85   M/s. Kandhan Bleaching
     Works,

     No. 10-185, Amman Koil
                                         864000            0                 864000
     Street, Vennandur Village,
     Rasipuram Talk,

     Namakkal District.

86   M/s. Elayappan Bleaching,

     Masana kadu,

     Minnakkal Road,                    1840000            0                 1840000

     Vennandur Village,
     Rasipuram Talk, Namakkal
     District.

87   M/s. Thangavel Bleaching
     Factory,

     No. 10-125,

     Old Police Station Road,           1840000                0             1840000

     Vennandur Village,
     Rasipuram Talk, Namakkal
     District.


                                       5,41,44,000     93,23,000         4,48,21,000
                            TOTAL




Subsequently, aggrieved by the demand notice the following Textile Dyeing units have filed an appeal against the environmental compensation imposed against those units filed before the Honble Appellate Authority;

S.No Name of the Industry Appeal Nos

1. M/s.Lakshmi Dyeing 35 of 2020 26

2. M/s.Navamani Dyeing Factory 36 of 2020

3. M/s.Kala Dyeing Factory 37 of 2020

4. M/s.A.T.K. Colouring Centre 38 of 2020

5. M/s.A.T.K. Colouring Centre 39 of 2020

6. M/s.Lakshmi Dyeings (Manual Dyeing) 40 of 2020

7. M/s.N.S.Dyeing 43 of 2020

8. M/s. Amman Bleachers 44 of 2020

9. M/s.Shah Chunilal Kundanmal Yarn 45 of 2020 Pvt Ltd

10. M/s.Amman Dyeings 46 of 2020

11. M/s. E.V Dyeing Works 39 & 40 of 2020 The case is pending before the Hon'ble Appellate authority.

Textile processing units are being monitored regularly, Closure direction and power supply disconnection directions have been issued to the following units and they were under closure.

Sl. No Name & Address of the unit 1 M/s. Navamani Dyeing Factory, 3275, Ramaiyan Nagar Seelanaickanpatti Salem - 636 001 2 M/s. Deepam Dyeing, SF.No.237/2, 237/3, 237/4, Erumapalayam Village, Salem Taluk, Salem District.

3 M/s. Sri Prasanna Colours, Ramakrishna Road, Gugai, Salem South Taluk, Salem District.

27

4 M/s. Shri Murugan Export, Erumapalayam, Salem District.

5 M/s. Sri Mookambigai Dyers, Ammapet, SalemTaluk, Salem District.

6 M/s.Sri Karpaga Vinayagar Dyeing, Thathampatti, Salem Taluk, Salem District.

7 M/s. Amman Bleachers, Ammapet, Salem Taluk, Salem District.

8 M/s. Rajaganapathy Dyeing, Vattakinaru Thottam, Jari Kondalampatty, Salem Taluk, Salem District.

9 M/s. Ravikumar Fabrics, Town Railway Station Road, Salem Taluk, Salem District.

10 M/s. Leader Process, Kondalampatti Village, Salem Taluk, Salem District.

11 M/s. N.S.Dyeing, Jari Kondalampatti Village, Salem Taluk, Salem District.

12 M/s. Friends Dyeing, Kandampatty Village, Salem West Taluk, Salem District.

13 M/s. Sri Jee Yarns, Annadhanapatti Village, Salem South Taluk, Salem District.

14 M/s. Shanmugam Colours, 44-4A, Elango Street, Ramayan Kadu, Seelanaickenpatti, Salem South Taluk, Salem District.

15 M/s. Bhuvana Dyers, Gugai, Salem South Taluk, Salem District.

28

16 M/s. Vikram Process, Kondalampatty Village, Salem Taluk, Salem District.

17 M/s. A.T.K.Colouring, Thathagapatty Village, Salem South Taluk, Salem District.

18 M/s.Panneer Selvam Yarn Dyeing, 12/364B, Bommanna Chetty Kadu, Sanjeevirayanpet, Salem District 19 M/s. Eswaran Bleaching, Pallapatti Villag, Salem West Taluk, Salem District.

20 M/s. Smart Win Process, Kondanlampatti Village, Salem West Taluk, Salem District.

21 M/s. Sri Bhadri Narayana Textile Dyeing, Andipatti Village, Salem south Taluk, Salem District.

22 M/s. Vikram Process, Kondalampatty Village, Salem Taluk, Salem District.

23 M/s. Sri Andawar Bleaching, Amani Kondalampatty Village, Salem South Taluk, Salem District.

24 M/s. Tara Dyers, Amani Kondalampatti Village, Salem South Taluk, Salem District.

25 M/s. Guru Ragavendra Textiles, Dhadhagapatti Village, Salem South Taluk, Salem District.

26 M/s.Malarvizhi Dyeing, No 211, Maniyakarar Street, Attayampatty, Salem South Taluk, Salem District.

29

27 M/s. Sri Balaji Testile Processing Unit, No.71B, Ramakrishna Road, Gugai, Salem South Taluk, Salem District.

28 M/s. Amman Dyeing, No.57 /R2, Kalarampatty Main Road, Erumapalayam, Salem Taluk, Salem District.

30 M/s.Lalitha Colours, 3 A, 4th Krishnammal Nagar, Karungalpatty, Gugai, Salem District.

31 M/S. S.S. Dyers Vattakinaru Thottam, Puthur Main Road Jarikondalampatty Salem - 636 010 31 M/S.Sastha Dyeing Vattakinaru Thottam, Puthur Main Road Jarikondalampatty Salem - 636 010 32 M/S.Sri Ram Dyeing Vattakinaru Thottam, Puthur Main Road Jarikondalampatty Salem - 636 010 Illegal dyeing units (without consent ) they were polluted the River have been demolished and power supply have been disconnected as detailed below.

Sl.No Date of No of Textile Dyeing No of Date of Press Remarks Inspection Units Bleaching Release Units and Action Taken

1. 04.01.2019 8-demolsihed 2 Bleaching 05.01.2019 Salem Area 2 -EB disconnected 30

2. 01.02.2019 4 - Consented units -- 02.02.2019 Salem Area EB disconnected

3. 28.02.2019 5 - Consented EB DC 4 Bleaching 01.03.2019 Salem Area 1- Demolished

4. 11.06.2019 2 - Consented units -- 12.06.2019 Salem Area EB DC, 4 - demolished & EB DC

5. 24.06.2019 5 -units demolished, -- 25.06.2019 Salem Area EB-DC

6. 17.07.2019 2 demolished -- 18.07.2019 Salem area

7. 08.11.2019 2 - EB DC -- 09/11/2019 Salem Area 1-Consented

8. 13.11.2019 4 demolished , EB DC -- 14.11.2019 Salem area

9. 06.10.2020 1 unit EB DC -- 07.10.2020 Salem area Status of Salem Corporation Sewage Treatment Plant:

The Salem Corporation has obtained stay order by Writ petition No. 5879/2019 from the High Court of Judicature at Madras to pay interim compensation of Rs. 25 lakhs and furnishing performance guarantee of Rs. 50 lakhs.
Further based on the status report filed by the Salem City Municipal Corporation, the The Hon'ble NGT in its order dated 09.09.2020 has directed to complete the works as stated in its report and directed the pollution control Board to monitor the same. In this regard the following are submitted;
a) Operation Status of the STP's are submitted below.

S. No Name of the Treatment Actual Gaps in 31 S.T.P capacity Sewage treatment (MLD) treatment ( MLD) ( MLD) 1 Vellakuttai 13 7.5 5.5 STP 2 Anaimedu 6 3 3 STP 3 Vandipettai 44 - 44 STP 4 Mankuttai 35 - 35 STP Total 98 10.5 87.5 Monitoring of STPs Pertaining to the Salem Corporation:

Samples are being collected from the 2 Nos of STPs namely M/s. Vellakuttai STP and M/s Anaimedu STP.
From the consolidated ROA of M/s. Anaimedu STP it reveals that during the month of July 19 - Total Nitrogen, Dec19- COD, Feb 20 - BOD, COD, May 20- Total Nitrogen, Jun 20- BOD, COD and Total Nitrogen have exceeded the standards. The STP has been instructed in this regard. Also the consecutive months of July 20 and Aug 20 the parameters are within the standards prescribed.
From the consolidated ROA of M/s. Anaimedu STP it reveals that during the month of July 19 -TSS,BOD, COD, Dissolved Phosphate, Sep19- Dissolved Phosphate, Oct 19 - COD, Dissolved Phosphate, Nov 19- Dissolved Phosphate, Dec 19-Total Nitrogen, Dissolved Phosphate, Jan 20, Feb 20- TSS, Dissolved phosphate has exceeded the standards. The unit was instructed in this regard to improve the treatment efficiently in order to adhere to the discharge standards.
In view of the above the STPs have been addressed to operate and maintain the STP in order to adhere to the 32 discharge standards. The compliance report to the joint committee findings and suggestions are submitted below;
JOINT COMMITTEE FINDINGS AND SUGGESTIONS-
         COMPLIANCE REPORT




S.      Joint Committee Findings and                      Compliance Report
No      Suggestion

     a) Drain/ Odai carrying wastewater are           Untreated water flowing
        flowing through Vellakuttai&Mankuttai         through the nearby odai
        STP             premises               and    has        been        partially
        Anaimedu&Sandaipet STPs are in the            diverted       to     STP      in
        banks     of   River    Thirumanimuthar.      Vellakuttai,         Anaimedu
        Therefore, it is suggested to explore the     area.       Mankuttai        and
        possibilities of diverting the untreated      Vandipettai         areas    STP
        wastewater      flowing     through     the   were not in operation.
        drain/odai/ river to STPs for treatment       partially complied by the
        rather than waiting for the completion        Salem Corporation.
        of UGD systems.


     b) Sewage     generation      was   estimated    The                   Scientific
        based on the water supply, population         management of each and
        and      per   capita      waste      water   every sewage out fall has
        generation. Other potential sources of        not been quantified.
sewage have not been considered. For the scientific management of sewage each and every sewage outfall has to be quantified and the generation has to be counterchecked with the river flow downstream to the last discharge point.
c) During inspections, it is observed that In order to avoid the the river flow is being disturbed by dumping of municipal indiscriminate dumping solid waste, solid wastes into the vegetation, excessive sludge from river, the Salem wastewater discharges and possible Corporation has provided encroachment of river bed. To ensure fencing along the banks 33 the regular sustainable flow in the of River river, periodic cleaning and preventive Thirumanimutharu in checks has to be done by the some areas.

concerned departments. Encroachments are being removed in the river.

d) After Anaimedu check dam, the 2 km Salem Corporation has stretch of river bed was concreted to stopped the activities of prevent percolation of wastewater into providing concrete lining river bed. Such activities are in the River bed. detrimental to the river itself, the surrounding hydrology and should not be allowed at any cost. The focus has to shift towards prevention of untreated wastewater discharge to river, rather than converting the river to wastewater carrying drain.

e) In phase I, UGD system is still lagging Anaimedu and and STPs are yet to be pressed in Vellakkutai STP's are in service. For phase II, there are no operation with below 30% initiations from the authorities. Time of the capacity. bound action plan has to be chalked Mankuttai STP is just out and in the meanwhile, possibility commissioned. of diverting sewage from phase II to Vandipettai STP is not phase I STPs may be explored. commissioned. Partially completed by the Salem

f) The Salem Corporation shall furnish a Corporation.

time bound schedule to bring into operation of the 4 Nos of constructed STPs.

g) Inside the city, open drains are used to The connectivity of the convey sewage and all drains are households to the UGSS invariably choked with domestic solid are made partially. waste. Solid waste accumulated in the Hence, untreated sewage open drains shall be removed is discharged into the periodically to prevent waste River Thirumanimutharu. eventually being dumped to river.

34

h) Sheelavari lake near Ammapett has A detailed environmental been encroached by Tamil Nadu study is to be carried out housing board and extensive dumping by the Salem of solid waste such as construction & Corporation. demolition wastes, domestic solid wastes, slaughter wastes, etc. were observed during inspection. Now the lake has been reduced to a canal and due to the stagnation of waste water the impact on ground water was observed in sample taken from hospital adjacent to this lake. This warrants a detailed study in this area to assess the extent of pollution.

i) Pollution due to industrial activities is TNPCB, Salem is majorly from the illegal textile dying monitoring the authorized units located in and around the city. textile bleaching and The surveillance against such illegal dyeing units and action dyers are limited only to demolishing is being taken against of facilities and power disconnection. those units thereby There are no monetary penalties and issuing closure direction further legal actions are initiated. Due and disconnection of to this soft stand, illegal dyers are power supply. Further, if reappearing and are managing dying any unauthorized units units with DG sets. Such activities were identified eviction is were observed at being carried out and the PerumalKovilMeduand Papparapatti power supply to those during inspections. units were disconnected by the TNEB.

                                                   In    Salem       Corporation
                                                   area,      36        Nos.    of
                                                   unauthorized             dyeing
                                                   units     were      demolished
                                                   and 30 Nos. of consented
                                                   units were closed and
                                                   power                    supply



                                  35
                                                          disconnected              by      the
                                                         Board       for     the        illegal
                                                         discharge of the dyeing
                                                         effluent into the river for
                                                         the last one year.

j)   Presently, most of the dyeing and                   M/s.        Salem              Dyers
     bleaching units are scattered out in                Association has proposed
     residential     area.   The     dyeing       and    to establish a common
     bleaching activity may be replaced by               reject            management
     promoting a common dyeing complex.                  system and identification
     The dyeing units may be shifted to the              of site is being carried out
     area and a CETP may be formed in                    by the association. Yet to
     that area within a period of three                  be finalized the same.
     years.
                                                         Not       complied        by      the
                                                         dyeing units.

k) To legalize the unorganized dying                     The        common          dyeing
     activities by promoting a Common                    complex is proposed by
     Dying     Complex       with        all   modern    the      dyers      Association.
     pollution control technologies to carry             But,        there         is       no
     out dying activities. The individual                appreciable progress in
     dyers can take membership in such                   this regard. There is no
     facilities and utilize such complex for             illegal    dyeing      units       in
     dying activities and may be levied                  Perumal Kovil Medu and
     user     fee   for   using     such       common    Parapatty. If any illegal
     facility. This complex will be operated             dyeing unit found EC will
     and     maintained      by     agencies      like   be imposed.

SIDCO/ SIPCOT and the responsibility of complying with legal/ environmental requirement shall be vested with such agencies. This will greatly reduce the unchecked pollution from illegal dyers and infuse accountability in the textile dying business.

l) A system similar to extended producer Extended manufacturers responsibility (EPR) may be introduced responsibility will be in textile dying business to regulate introduced by the Board. outsourcing textile dying works to Suitable guidelines are to 36 unorganized/ illegal dying units. be framed in this regard. Under such Extended Manufacturers Responsibility (EPR), the responsibility of outsourced dying activity may be bestowed on the textile manufactures itself. This will force them to give dying job work to only TNPCB authorized dyers having proper treatment facilities. If any illegal dying activities are traced to a particular manufacturer who has given the job work, the manufacturer may be penalized, held accountable for the pollution and environmental damage.

m) For the above two points (x & xi), Technical guideline is to proper study by the concerned be framed. authorities has to be taken up to finalize the legal framework and to develop a technical guidelines.

Ministry of textile, CPCB, TNPCB and premier institutes engaged with such research may be entrusted with such tasks.

n) Mostly these illegal activities are being Salem Corporation is carried out inside the house furnishing the details of (residential area), where the untreated illegal dyeing units and effluent is being discharged to open the action is being taken sewer line. So it is easy to identify by accordingly. the persons involved in cleaning of sewer line. So municipal corporation shall be directed to instruct the cleaning persons to inform such illegal discharge to their in-charges and subsequently, the information shall be provided to TNPCB to take action

o) The revenue officials such as VAO & RI The Revenue officials can identify such illegal units and to such as VAO & RI are 37 inform the same to the District furnishing the details administration and TNPCB for and the action is being necessary action. The revenue officials taken accordingly. Salem may be directed in this regard.

p) TANGEDCO shall not effect the power TANGEDCO is not supply to the illegal dyeing units effecting the power without consent of the TNPCB. Those supply to the illegal units serials are to be monitored by dyeing units. But, TANGEDCO. commercial services are given by the TANGEDCO which is used for illegal dyeing activities.

q) Other way to identify illegal in-house TANGEDCO shall inform activities is through power if any abnormal consumption. TANGEDCO shall be excessive power supply directed to inform TNPCB, if any such observed.

     abnormal/excessive                                 power
     consumption         observed              more          than
     residential use

r)   All authorized small scale dying &                             M/s.        Salem            Dyers
     bleaching units have ZLD system for                            Association has proposed
     treatment. In some units RO reject is                          to establish a common
     not properly treated and occasional                            reject            management
     discharges are noticed and TNPCB                               system and yet to start
     taken action against such defaulters.                          work in this regard. Not
     Such illegal discharges are due to                             complied by the dyeing
     higher treatment cost involved for the                         units.

reject management with MEE & ATFD by the individual units. In view of this it is suggested to establish common reject management system (CRM) to ensure cost effectiveness and prevent illegal discharge of RO reject. The small scale dyers association has earmarked land for CETP earlier, which was not materialized due to some issues. Now the association is 38 ready to utilize the land for such CRM facility. Therefore, it is suggested that TNPCB may take lead with such proposal and prepare a road map with regulatory checks

s) In case the above suggestion is not M/s. Salem Dyers acceptable for the industries, TNPCB Association has proposed may insist online flow meters and PTZ to establish a common camera in the ETPs of individual dying reject management units and the flow data & camera system and yet to start footage of discharge point may be work in this regard. Not linked to the TNPCB server for the complied by the dyeing effective monitoring/ prevention of units. illegal discharge.

t) The analysis shows that surface and Environment damage ground water in the study area are assessment study is yet polluted and this water is being used to be done for entire extensively for agricultural activities. stretch of the river. The As in the case of Kollapatti and Salem Corporation and Mallasamudram lakes, there are many Salem dyeing units and more lakes which draws this polluted Salem Sago units jointly water from river and is in turn used for carry out this study. agricultural purposes. In view of this, there shall be a thorough study to identify such lakes which draws water from the river and the associated pollution to agricultural fields and ground water. After such studies only a clear picture on the extent of damages and appropriate compensation can be arrived at. The study shall be carried out to the entire stretch of river until empties into River Cauvery. Such assessment study shall be done through Department of Agriculture or any related organization 39 Monitoring of the River Thirumanimutharu:

The Hon'ble NGT in its order Dated 10.04.2019 has directed the TNPCB to monitor the River Quality Parameters. In this regard it is submitted to inform that monthly samples were collected from the River Thirumanimutharu at Anaimedu Checkdam (upstream side) and at Uthamasolapuram (downstream side) of the River. The consolidated ROA of the samples collected were submitted below;
BOD Details
a) BOD (mg/L): In the upstream side the parameter varies from <2 mg/L to 95 mg/L and the mean value is 20 mg/L. In the downstream side the parameter varies from <2 mg/L to 39 mg/L and the mean value is 16 mg/L. Based on the data a line chart was plotted and the trend lines shows that at the downstream of the River the BOD is in decreasing trend.
b) The untreated sewage is the main reason for BOD contribution.

Salem Corporation has been requested to commence all the four STP's in full pledged manner and to stop untreated sewage discharge into the River Thirumanimutharu.

c) There are 89 small scale textile processing units are located in Salem. All the units have provided ETP, RO and Reject Management system. Some of the units have provided Solar Evaporation Pan. During rainy time, overflow is taking place. Hence, the units have been requested to provided agitated thin film dryer in stead of solar evaporation pan. Closure direction is being issued if discharge found. In addition in Salem dyers Association have been requested to form CETP at the earliest to sort this issue.

                                    BOD (mg/L)

                            Anaimedu
              Month                               Uthamasolapuram
                           Check Dam

              Jul-19                 15                  35

              Aug-19                 9                   20

              Oct-19                 21                  6




                               40
              Nov-19                 5                 7.8

             Dec-19                 2.1               15

             Jan-20                 40                23

             Feb-20                 17                23

             Apr-20                 2                  2

             May-20                 21                 6

             Jun-20                 9                  9

             Jul-20                 95                15

             Aug-20                 12                39

   TDS Details

d) TDS(mg/L): In the upstream side the parameter varies from 864 mg/L to 2336 mg/L and the mean value is 1576 mg/L. In the downstream side the parameter varies from 924 mg/L to 1548 mg/L and the mean value is 1376 mg/L. Based on the data a line chart was plotted and the trend lines shows that at downstream of the River the TDS level is in decreasing trend. This reveals that the industrial effluent discharge has been controlled by taking stringent action against the violators.

                         TDS (mg/L)

                      Anaimedu
    Month                                 Uthamasolapuram
                      Check Dam

    Jul-19              1192                   1416

   Aug-19               1624                   1512

    Oct-19              1312                   1188

   Nov-19               2336                   1388

   Dec-19               2284                   1504

   Jan-20               1956                   1488

   Feb-20               1516                   1876




                               41
     Apr-20             1672                1416

   May-20              1396                1548

    Jun-20             1192                1240

    Jul-20             1572                1014

   Aug-20              864                  924



   TSS Details

e) TSS (mg/L): In the upstream side the parameter varies from 8 mg/L to 52 mg/L and the mean value is 29 mg/L. In the downstream side the parameter varies from 8 mg/L to 108 mg/L and the mean value is 39 mg/L. Based on the data a line chart was plotted and the trend lines shows that at both upstream and downstream of the River the TSS level is in decreasing trend.

                                   TSS (mg/L)

                               Anaimedu
             Month                              Uthamasolapuram
                               Check Dam

             Jul-19                12                 60

             Aug-19                48                 52

             Oct-19                52                 40

             Nov-19                16                 40

             Dec-19                24                 24

             Jan-20                20                 28

             Feb-20                16                 20

             Apr-20                8                  16

             May-20                28                 32

             Jun-20                36                 48

             Jul-20                88                 8




                              42
                Aug-20                8                 108



     Total Coliform Details

f) Total Coliforms (MPN/100 ml): In the upstream side the parameter varies from 380 mg/L to 2800 mg/L and the mean value is 846 mg/L. In the downstream side the parameter varies from 200 mg/L to 3900 mg/L and the mean value is 1983 mg/L. Based on the data a line chart was plotted and the trend lines shows that at both upstream and downstream of the River the Total Coliform level is in decreasing trend. The Salem Corporation shall operate the STPs in full fledged manner to decrease the value further.




        Total Coliform

                               Anaimedu
             Month                           Uthamasolapuram
                              Check Dam

             Jul-19                460              2200

             Aug-19                1200             2100

             Oct-19                1300             2200

             Nov-19                390              2100

             Dec-19                540              3900

             Jan-20                630              3100

             Feb-20                2800              580

             Apr-20                380               480

            May-20                 790              3900

             Jun-20                630              1700

             Jul-20                580               700

             Aug-20                460               840




                              43
    Conclusion:

1. The Salem Corporation shall commence the four Nos. of STP's in full pledged manner. All the house hold connections should be connected with UGSS and it should stop the untreated sewage disposal into the Thirumanimutharu. Further, it is proposed to issue direction in this regard to the Salem Corporation.

2. The Salem Corporation shall operate and maintain the four STPs efficiently so as to the treated sewage will achieve prescribed standard of the Board since some of the parameters are not achieving the prescribed standard of the Board. The consolidated report of analysis of the inlet and outlet of the STPs are submitted vide Annxure.

3. Environmental Compensation is being imposed to the erring textile processing industry. Salem dyeing units have been requested to form CETP in place of individual zero liquid discharge system since the reject management is a difficult task to the small scale dyeing units. The member secretary. TNPCB, Salem conducted meeting with Salem Dyeing Owners Association in this regard. it is very much essential to form a CETP. The Salem Dyers Association has been requested in this regard.

4. District Co-ordination Committee has been formed in the Salem District to stop illegal discharge under the chairman of District Collector. If any illegal discharge founds, the power supply is being disconnected immediately and closure direction is issued to the unit immediately.

5. It is also proposed to issue direction to the Superintendent Engineer, TANGEDCO, Salem not to effect any power connection to the textile processing units in the name of commercial connection.

This is submitted for favour of kind information and necessary action please District Environmental Engineer, Tamil Nadu Pollution Control Board, Salem."

44

6. It is seen from the report submitted by the Salem Municipal Corporation that except some Sewerage Treatment Plants (STPs) which were made functional, there is no other significant improvement in the implementation of Underground Sewerage System (UGSS) in their area, so as to avoid untreated sewage being discharged into the River.

7. It is true that some steps have been taken by them to divert the sewage from the unconnected houses to the Sewerage Treatment Plants (STPs) for the purpose of treatment. But it is seen from the report of the Pollution Control Board that even the existing Sewerage Treatment Plants (STPs) are functioning only upto 30% capacity and they have been directed to utilise the function of Sewerage Treatment Plants (STPs) already established to its optimum level by connecting more households into the underground sewage system already established.

8. Further, it is seen from the report of the Salem City Municipal Corporation that they require time upto 2022 for the purpose of completion of the underground sewerage system in that area to 100%. It may be mentioned here that it is too long time to be provided for the purpose of implementing the scheme launched by them and till then, it is not possible for this Tribunal to allow the pollution to continue which has got some impact on human health. So, the Salem City Municipal Corporation is directed to 45 see that the work of underground sewerage system is completed by expediting the process and see that it is completed within the shorter time line and come with their fresh action plan for completion of the same as directed by this Tribunal.

9. Further, large number of households are yet to be connected and unless all the households within their Corporation is connected to the underground sewerage system subject to treatment by the Sewerage Treatment Plants (STPs), no purpose will be served by taking any temporary precautionary methods to avoid pollution to the Thirumanimutharu River.

10. In the recommendation portion of the report submitted by the Tamil Nadu State Pollution Control Board it is stated: "It has been mentioned that the Salem City Municipal Corporation shall commence the four numbers of Sewerage Treatment Plants (STPs) in full fledged manner. All the households connections should be connected with Underground Sewerage System (UGSS) and it should stop the untreated sewage disposal into the Thirumanimutharu.

11. The Salem City Municipal Corporation was also directed to operate and maintain the four STPs efficiently so as to the treated sewage will achieve prescribed standard of the Board since some of the parameters are not achieving the prescribed standard of the Board.

12. It is also seen from the conclusion portion that District Co-

46

ordination Committee has been formed in the Salem District to stop illegal discharge under the Chairman of District Collector and if any illegal discharge founds then, the power supply is being disconnected immediately and closure directions are issued to the unit immediately.

13. It is also seen from the report of the Tamil Nadu State Pollution control Board that some action has been taken by them against the erring units, who are not complying with the conditions imposed and also causing violation by issuing show cause notices and also imposing environmental compensation and some of the units filed appeal before the Pollution Control Appellant Authority and they are pending".

14. It may be mentioned here, normally environmental compensation is imposed under Section (5) of the Environment (Protection) Act, 1986, and then the appeal will lie only under Section (16) of the National Green Tribunal Act read with Section 5(A) of the Environment (Protection) Act, 1986.

15. It is not known as to whether it was also incorporated along with the closure order issued and that may be the reason why the affected units have no other option but to file an appeal before the appellant authority challenging this portion also.

16. The Tamil Nadu State Pollution Control Board is directed to raise this issue of entertaining the appeal on the question of 47 environmental compensation by the appellate authority when the appeals are being argued before the appellate authority, so that the appellate authority can pass the appropriate orders on that issue in accordance with law.

17. The Tamil Nadu State Pollution Control Board has also mentioned in the conclusion portion of the report that the dyeing and textile units have been requested to form Common Effluent Treatment Plant (CETP) in the place of individual Zero Liquid Discharge System since the reject management is a difficult task to the small scale dyeing units and in the meeting convened by the Member Secretary, Tamil Nadu Pollution Control Board (TNPCB), the Salem Dyeing Owners Association have been requested to do the same.

18. However, we are not going into these aspects as it is a matter for Administrative actions and the directions to be issued by the Tamil Nadu Pollution Control Board (TNPCB), to meet the situation. Even without that, the individual units are expected to make their own efforts and mechanism to avoid discharge of trade effluents into the river, which is one of the reasons for pollution/contamination being caused to Tirumanimutharu River water and the units are expected to take necessary scientific method of the disposal of the trade effluents generated by the units till the alternate suggested by the Tamil Nadu Pollution 48 Control Board (TNPCB), is being implemented by them.

19. The Tamil Nadu State Pollution Control Board is directed to monitor the progress of the work done by the Salem City Municipal Corporation, regarding the implementation of Underground Sewerage System (UGSS) and connection of the households sewage line to the Underground Sewerage System (UGSS) to avoid untreated sewage being let in to the river directly and also to monitor the progress of the establishment of remaining Sewerage Treatment Plants (STPs) and also functioning of the existing STPs to its fullest capacity and also to ascertain as to whether they are confirming to the standard provided by the Board and submit periodical report to this Tribunal regarding the same including the water quality in the Tirumanimutharu River and also the status of the recovery of the environmental compensation already imposed and the litigation pending before the forums.

20. The Salem City Municipal Corporation is also directed to submit further status report regarding the progress of work, taking into consideration the directions given by this Tribunal that the entire work should not be extended till 2022, but has to be completed with a shorter time line taking into account, the necessity and importance of implementing the same in the interest of environment.

49

21. The Tamil Nadu State Pollution Control Board as well as the Salem City Municipal Corporation are directed to submit the further status reports/action taken report on or before 28.01.2021 by e-filing along with necessary hard copies to be produced as per rules.

22. The Registry is directed to communicate this order to the Tamil Nadu State Pollution Control Board as well as the Salem City Municipal Corporation immediately by e-mail, so as to enable them to comply with the direction.

23. For consideration of further report, post on 28.01.2021.

......................................J.M. (Justice K. Ramakrishnan) ................................E.M. (Shri. Saibal Dasgupta) O.A. No.51/2015, 18th November, 2020. Sr. 50